HOUSE BILL No. 4839 September 21, 1999, Introduced by Reps. DeWeese and Voorhees and referred to the Committee on Education. A bill to amend 1976 PA 451, entitled "The revised school code," by amending sections 5 and 1561 (MCL 380.5 and 380.1561), section 5 as amended by 1995 PA 289 and section 1561 as amended by 1996 PA 339. THE PEOPLE OF THE STATE OF MICHIGAN ENACT: 1 Sec. 5. (1) "Local act school district" or "special act 2 school district" means a district governed by a special or local 3 act or chapter of a local act. "Local school district" and 4 "local school district board" as used in article 3 include local 5 act school district and a local act school district board. 6 (2) "Membership" means the number of full-time equivalent 7 pupils in a public school as determined by the number of pupils 8 registered for attendance plus pupils received by transfer and 9 minus pupils lost as defined by rules promulgated by thestate03482'99 TAV 2 1boardSUPERINTENDENT OF PUBLIC INSTRUCTION. A NONPUBLIC SCHOOL 2 STUDENT WHO IS ENROLLED PART-TIME IN A SCHOOL DISTRICT OR INTER- 3 MEDIATE SCHOOL DISTRICT IS CONSIDERED A PART-TIME PUPIL AND SHALL 4 BE COUNTED TOWARD DETERMINING THE SCHOOL DISTRICT'S OR INTERMEDI- 5 ATE SCHOOL DISTRICT'S FULL-TIME EQUATED MEMBERSHIP ON THE SAME 6 BASIS AS ANY OTHER PART-TIME PUPIL. 7 (3) "Nonpublic school" means a private, denominational, or 8 parochial school. 9 (4) "Objectives" means measurable pupil academic skills and 10 knowledge. 11 (5) "Public school" means a public elementary or secondary 12 educational entity or agency that is established under this act, 13 has as its primary mission the teaching and learning of academic 14 and vocational-technical skills and knowledge, and is operated by 15 a school district, local act school district, special act school 16 district, intermediate school district, public school academy 17 corporation, or by the department or state board. Public school 18 also includes a laboratory school or other elementary or second- 19 ary school that is controlled and operated by a state public uni- 20 versity described in section 4, 5, or 6 of article VIII of the 21 state constitution of 1963. 22 (6) "Pupil membership count day" of a school district means 23 that term as defined in section 6 of the state school aid act of 24 1979,being section 388.1606 of the Michigan Compiled LawsMCL 25 388.1606. 26 (7) "Reorganized intermediate school district" means an 27 intermediate school district formed by consolidation or 03482'99 3 1 annexation of 2 or more intermediate school districts under 2 sections 701 and 702. 3 (8) "Rule" means a rule promulgated pursuant to the adminis- 4 trative procedures act of 1969,Act No. 306 of the Public Acts5of 1969, being sections 24.201 to 24.328 of the Michigan Compiled6Laws1969 PA 306, MCL 24.201 TO 24.328. 7 Sec. 1561. (1) Except as otherwise provided in this sec- 8 tion, every parent, guardian, or other person in this state 9 having control and charge of a child from the age of 6 to the 10 child's sixteenth birthday shall send that child to a public 11 school during the entire school year. The child's attendance 12 shall be continuous and consecutive for the school year fixed by 13 the school district in which the child is enrolled. In a school 14 district that maintains school during the entire calendar year 15 and in which the school year is divided into quarters, a child is 16 not required to attend the public school more than 3 quarters in 17 1 calendar year, but a child shall not be absent for 2 or more 18 consecutive quarters. 19 (2) A child becoming 6 years of age before December 1 shall 20 be enrolled on the first school day of the school year in which 21 the child's sixth birthday occurs. A child becoming 6 years of 22 age on or after December 1 shall be enrolled on the first school 23 day of the school year following the school year in which the 24 child's sixth birthday occurs. 25 (3) A child is not required to attend a public school in any 26 of the following cases: 03482'99 4 1 (a) The child is attending regularly and is being taught in 2 a state approved nonpublic school, which teaches subjects 3 comparable to those taught in the public schools to children of 4 corresponding age and grade, as determined by the course of study 5 for the public schools of the district within which the nonpublic 6 school is located. 7 (b) The child is less than 9 years of age and does not 8 reside within 2-1/2 miles by the nearest traveled road of a 9 public school. If transportation is furnished for pupils in the 10 school district of the child's residence, this subdivision does 11 not apply. 12 (c) The child is age 12 or 13 and is in attendance at con- 13 firmation classes conducted for a period of 5 months or less. 14 (d) The child is regularly enrolled in a public school while 15 in attendance at religious instruction classes for not more than 16 2 class hours per week, off public school property during public 17 school hours, upon written request of the parent, guardian, or 18 person in loco parentis under rules promulgated by the state 19 board. 20 (e) The child has graduated from high school or has ful- 21 filled all requirements for high school graduation. 22 (f) The child is being educated at the child's home by his 23 or her parent or legal guardian in an organized educational pro- 24 gram in the subject areas of reading, spelling, mathematics, 25 science, history, civics, literature, writing, and English 26 grammar. 03482'99 5 1 (4) For a child being educated at the child's home by his or 2 her parent or legal guardian, exemption from the requirement to 3 attend public school may exist under either subsection (3)(a) or 4 (3)(f), or both. 5 (5) SUBJECT TO SECTION 166B OF THE STATE SCHOOL AID ACT OF 6 1979, MCL 388.1766B, A PARENT OR LEGAL GUARDIAN OF A MINOR WHO IS 7 ENROLLED IN ANY OF GRADES 1 TO 12 IN A NONPUBLIC SCHOOL OR WHO IS 8 BEING HOME-SCHOOLED MAY ALSO ENROLL THE MINOR IN A SCHOOL DIS- 9 TRICT, INTERMEDIATE SCHOOL DISTRICT, OR PUBLIC SCHOOL ACADEMY IN 10 ANY CURRICULAR OFFERING, REGARDLESS OF WHETHER IT IS A CORE ACA- 11 DEMIC COURSE OR A NONESSENTIAL ELECTIVE COURSE, AVAILABLE TO 12 PUPILS IN THE MINOR'S GRADE LEVEL OR AGE GROUP, SUBJECT TO COM- 13 PLIANCE WITH THE SAME REQUIREMENTS THAT APPLY TO A FULL-TIME 14 PUPIL'S PARTICIPATION IN THE OFFERING. 03482'99 Final page. TAV